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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 215 Documents
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Criminological Perspective in Crime Prevention of Land Grabbing Junimart Girsang; Gunarto Gunarto; Al Amin
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.37526

Abstract

Land grabbing, a pervasive issue with significant social, economic, and environmental consequences, is often rooted in unlawful land appropriation, highlighting the need for effective legal reforms and policy implementation. This study explores the issue of land grabbing in Indonesia from a criminological perspective, focusing on the intersection of criminal law enforcement and social policy. The research aims to analyze the causes, effects, and potential solutions to land grabbing, with a particular emphasis on social defense and justice. Using a normative juridical approach, the study examines relevant legal norms, regulations, and frameworks, which address land grabbing and its law enforcement. Findings suggest that a comprehensive approach involving legal enforcement, public education, improved land administration, and active community participation is essential to reduce land grabbing. The study concludes that a balanced integration of legal measures and social interventions is necessary to protect property rights, promote justice, and create a fairer and more stable environment for land ownership in Indonesia.
Legal Policy Against People Smuggling as a Crime of Trafficking in Persons with a Transnational Dimension Rizkan Zulyadi; Serimin Pinem; Andi Hakim Lubis; Nindya Dhaneswara
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40550

Abstract

This research investigates Indonesia’s legal framework for addressing human smuggling, focusing on the integration of penal policies targeting its root causes and evaluating the impact of international collaborations in law enforcement. Despite existing literature on human smuggling, critical gaps remain, particularly in understanding the role of criminal policy as part of social policy and the practical effects of international cooperation. The study aims to answer two primary questions: the role of criminal policy in addressing human smuggling crimes in Indonesia and the non-penal policies Indonesia has implemented to combat human smuggling. This research adopts a normative legal methodology, analyzing Indonesia’s Criminal Code, the Eradication of Trafficking in Persons Law, the Suppression of Migrant Smuggling Law, and relevant international frameworks like the Bali Process. The study reveals that an effective approach to combating human smuggling requires a balance of penal and non-penal measures, strong adherence to territorial sovereignty, and enhanced international cooperation. It finds that while penal policies act as deterrents, non-penal strategies, such as victim protection and public awareness campaigns, are equally crucial. Additionally, the study highlights the importance of regional and international collaborations in strengthening law enforcement, emphasizing the need for specialized legal framework to address human smuggling.
Ensuring Land Status Security to Accelerate the Rejuvenation of Small-Scale Oil Palm Plantations in Indonesia Mutiara Panjaitan; Agus Sardjono; Harsanto Nursadi
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.39387

Abstract

This study examines the role of land status in accelerating the Small-scale Palm Oil Rejuvenation (Peremajaan Sawit Rakyat or PSR) program in Indonesia, particularly in light of the Job Creation Law and its derivative regulations. The research aims to evaluate the effectiveness of these legal provisions in addressing challenges within the palm oil sector, especially for small farmers, by ensuring land status certainty. A normative legal research approach, utilizing NVivo 12 Plus software for data analysis, was employed to analyze secondary data from regulations, journal articles, government reports, and online media. The study finds that resolving land status issues is crucial for the effective implementation of the PSR program, highlighting the need for improvements in geospatial data support, synchronization of statutory regulations, and coordination among ministries and local governments. The results emphasize the importance of continuous policy review and legal adjustments to overcome the complexities of land tenure in the palm oil industry. This research provides practical insights for stakeholders to reform land policies and enhance the implementation of the PSR program, ultimately contributing to the growth and sustainability of smallholder palm oil plantations in Indonesia.
Analyzing Embezzlement in Office in Indonesian Law: Legal Responsibility, Moral Implications, and Recommendations for Reform Yanto Yanto; Akhmad Suparmin
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38905

Abstract

This research explores the issue of embezzlement in office settings within Indonesian law, particularly focusing on the moral and trust aspects of this crime. The main aim is to analyze the legal responsibility of embezzlers under current Indonesian laws, including the Indonesian Penal Code, and to suggest improvements for future regulations. The study employs a normative research method, examining existing laws through their hierarchy and how they relate to one another. The findings indicate that a perpetrator's intent and mental state are crucial in determining responsibility for embezzlement. The upcoming revisions to the Criminal Code aim to set clear goals for punishment, including preventing future crimes, protecting social norms, and treating convicts humanely. This aligns with Article 372 to Article 376 of the Penal Code, which address theft and embezzlement, emphasizing accountability without degrading human dignity. In conclusion, the research recommends that Indonesian laws regarding embezzlement should include provisions for restitution, encouraging offenders to return stolen funds to the victims. This approach not only promotes accountability but also helps rebuild trust within society. The implications suggest that a balanced legal framework, with punitive measures, could deter future embezzlement and strengthen public confidence in institutions.
The Legal Security in Electronic Transactions to Protect Freedom of Speech: The Concept of Forming Legislation on Electronic Transactions Muhammad Junaidi; Hendro Widodo; Ahmed Kheir Osman
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38101

Abstract

The main objective of this study is to conduct a comprehensive study of the rules in criminalization which is one of the last alternatives in the law enforcement process. The Law on the Formation of Legislation in Indonesia provides Limitations of norms for violations of each legal norm formed does not violate human rights. The method used in this study was a sociological legal approach. The results of the study indicate that the norms contained in the Electronic Transaction Law in Indonesia should be a tool for law enforcers to carry out social engineering which is not a means to legalize the interests of power in Indonesia. This finding highlights the need to change the law as a constructive social engineering tool, and not as a mechanism to serve personal interests. Strengthening general provisions and clarifying norms is essential to prevent and prioritize the protection of freedoms interpreted as fundamental human rights. This study underlines the importance of aligning law enforcement with democratic values in the digital era.
The Conserving Agrarian Land for Future Generations: A Policy Blueprint for Indonesia Anis Mashdurohatun; Muslimah Hayati; Saritua Silitonga; Zaenal Arifin; Amanda Amanda
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.39893

Abstract

This study examines the current laws and regulations on land conversion that have not been able to uphold ecological justice, challenges in the prevailing laws and regulations; and the reconstruction of these laws and regulations to comply with the values of ecological justice. This research aims to improve the protection of sustainable food agricultural land for future generations. This study used a normative legal method. The results of the study indicate that the Indonesian regulatory framework has not been able to achieve ecological justice due to competing demands between agrarian and non-agricultural land use. The government's regulatory authority derived from the 1945 Constitution often prioritizes economic goals over ecological justice, so that land protection policies are inadequate. This study concludes with a proposal to reconstruct the regulatory framework to comply with the principle of ecological justice, by proposing specific changes to Articles 2, 23, 39, 42, and 70 of Law No. 41 of 2009, Article 103 of PP No. 26 of 2021, and Article 44 of Law No. 41 of 2009 as amended by the Job Creation Law No. 6 of 2023. This study recommends integrating ecological justice into the legal framework, enhancing provisions to mandate local government participation, and strengthening governance and law enforcement in conserving agrarian land. 
The Consumer Protection in The Balance of Business Actors and Consumers: A Paradigm of Justice Nofrial, Ramon; Abood, Talib Adnan; Shihab, Haider Ahmed; Susilo, Adhi Budi
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Consumer protection is a basic need because consumers are in a weaker position compared to business actors, who often pursue profits with business practices that can be detrimental. The aim of this research is to examine consumer protection in realizing a welfare state based on Pancasila, analyze the legal protection against the use of standard clauses, and formulate a legal reconstruction of consumer protection regarding the enforcement of administrative and criminal law in resolving consumer disputes. This research uses a socio-legal research approach. The results of this research are that reconstruction of legal protection for consumers is needed to prevent counterclaims against consumers who report violations. Thus, it is proposed that there be provisions for legal immunity for reporting consumers so that they cannot be prosecuted criminally or civilly before it is proven that the business actor is innocent. The formulation of criminal sanctions in the Consumer Protection Law also needs to be reconstructed so that it is in accordance with the legal system in force in Indonesia. Additional criminal sanctions such as revocation of business permits should not be the authority of criminal courts, but should be part of administrative authority.
The Challenges of Sharia Fintech Regulation in Indonesia: A Global Comparative Analysis Darmadi Durianto; Dahniarti Hasana; Nur Fareha; Dewi Nadya Maharani
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.41490

Abstract

The purpose of this study is to analyze Sharia-compliant fintech regulations in both countries and provide recommendations to strengthen their regulatory frameworks. Financial technology (fintech) has transformed the global financial industry landscape by introducing innovations that accelerate access to financial services. Sharia-compliant fintech, as part of this development, plays a critical role in providing financial services that comply with Sharia principles, such as the prohibition of riba, gharar, and maysir. The study found that Sharia-compliant fintech regulations in several countries, such as Indonesia and Bangladesh, are still in their infancy. Existing regulations are often not fully aligned with the needs of Sharia-compliant fintech, highlighting the need for a more comprehensive and inclusive regulatory approach. In Indonesia, the Financial Services Authority and Bank Indonesia have issued several policies to support fintech development, but there is still no specific regulation for Sharia-compliant fintech. In Bangladesh, the development of Sharia-compliant fintech is supported by Islamic banking initiatives, although a more mature regulatory framework is still needed. By adopting best practices from countries such as Malaysia, which have developed more advanced regulations for Sharia-compliant fintech, both countries can increase financial inclusion and create a more sustainable fintech ecosystem.
Implementation of Sanctions for Violations of Coral Reef on Protection Laws Surandi Woong Arya; Dwi Pratiwi Markus; Muhammad Ali
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.37362

Abstract

This study aims to analyze law enforcement against coral reef destruction in the waters of Raja Ampat Regency, with a focus on improving the quality of law enforcement resources, especially the Water Police Unit. The approaches used include normative legal and empirical legal approaches with descriptive-analytical methods. The research data consists of primary data obtained through interviews and secondary data from literature reviews and documentation. The results of the study show that legal norms related to coral reef protection have strict sanctions for violations. Law enforcement efforts are carried out through supervision, application of sanctions, and socialization to the community regarding the impact of destroying marine ecosystems as a criminal act. This study highlights the importance of the active role of all elements of society, including parents, in supporting the development of public security and order. This study uses a collaborative approach between law enforcement officers and the community to create legal awareness and improve the effectiveness of marine ecosystem protection in the waters of Raja Ampat. This approach strengthens the role of local culture as a means of education and supervision, creating a more adaptive and sustainable law enforcement model.
The Concept of Criminal Justice For Drug Abuse: A Legal Approach Dahlan, Dahlan; Ahmed, Zahoor; Saraya, Sitta
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.55-72

Abstract

The narcotics law is implemented on the basis of justice. However, its enforcement does not reflect a sense of justice because there is no classification of drug abusers. This study aims to analyze the criminal law policy on drug crimes and analyze the reconstruction of the law in the application of criminal sanctions for drug abusers for themselves based on the value of justice. This study used a normative legal method. The application of criminal sanctions for drug users in judicial practice is often inconsistent and does not reflect justice, especially due to differences in judges' interpretations and the absence of recognition of attempted drug use in drug legislation which causes injustice for individuals who have not consumed but are subject to articles with heavier penalties. The implementation of the drug criminal law policy still faces ambiguity in distinguishing between addicts, abusers, and victims. This legal uncertainty often results in drug abusers being charged with articles that are heavier than dealers, thus causing injustice that worsens their condition and burdens correctional institutions. A fairer legal reconstruction is needed to clearly distinguish between users and dealers and prioritize rehabilitation rather than punishment for drug abusers themselves.

Page 17 of 22 | Total Record : 215

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